What are the elements of the crime of plunder? As discussed in Estrada vs. Sandiganbayan (2001), the elements of the crime of plunder are:
1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts:
(a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
(b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer;
(c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking;
(e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or
(f) by taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00.
[Note: The threshhold amount is originally P75 Million under RA 7080. This was amended by RA 7659 (1993), which is an act imposing the death penalty on certain heinous crimes including plunder, decreasing the threshhold amount to P50 Million. We all know, however, that the death penalty law (RA 7659) was "repealed or amended accordingly" by RA 9346 (2006), which prohibits the imposition of the death penalty. The interesting point is this - does the repeal (or "amendment") of RA 7659 mean that the threshhold amount is now back to P75 Million? Let's discuss.]Linkback:
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